Junkins v. Local Union No. 6313, Communication Workers of America

• Citation: 271 S.W.2d 71,241 Mo.App. 1029
• Decision Date: 09 August 1954
• Docket Number: No. 7313,7313
• Parties: , 27 Lab.Cas. P 68,803 John M. JUNKINS, Respondent, v. LOCAL UNION NO. 6313, COMMUNICATION WORKERS OF AMERICA et al., Appellants.
• Court: Missouri Court of Appeals

Page 71

271 S.W.2d 71

241 Mo.App. 1029, 27 Lab.Cas. P 68,803

John M. JUNKINS, Respondent, v. LOCAL UNION NO. 6313, COMMUNICATION WORKERS OF AMERICA et

al., Appellants.

No. 7313.

Springfield Court of Appeals, Missouri.

Aug. 9, 1954.

Daniel J. Leary, Joplin, for appellants.

Stanley P. Clay, Joplin, for respondent.

McDOWELL, Presiding Judge.

This appeal is from a judgment and decree in favor of plaintiff in an action to enjoin defendants, a Labor Union, its officers and certain of its members from charging, trying and disciplining a member, plaintiff.

The appeal was to the Supreme Court, 263 S.W.2d 337, where it was held that that court was without jurisdiction to hear and determine the cause and it was ordered that it be transferred to the Springfield Court of Appeals.

Plaintiff's first amended petition alleges that the defendants 'notwithstanding that plaintiff was in good standing, entered into a conspiracy and actuated by malice and by a determination to deprive this plaintiff of his property and legal rights by a corrupt, arbitrary and illegal use and construction of the powers vested in them by the bylaws and constitution of their organizations hereinbefore referred to, have made unjust, illegal and unfounded charges against this plaintiff and have undertaken to try, fine and otherwise punish this plaintiff in an unjust, illegal and oppressive manner.'

Plaintiff further alleged 'that on or about January 30, 1951, plaintiff was offered a job promotion by his employer, the Southwestern Bell Telephone Company. After accepting said position, charges were filed against this plaintiff for willfully failing to comply with the policies of Division No. 20 CWA and Local 3135 in regard to filling job vacancies by means of lateral moves on the part of management. A trial ensued and plaintiff was found guilty and fined $50.00. Plaintiff appealed to the International Executive Board of CWA-CIO which set aside the finding of the Court created by the Local. On November 10, 1951, defendant Thomas M. Wright again formally accused plaintiff of the same offense, i. e., accepting a job transfer by a lateral move on the part of his employer. Plaintiff has now been ordered to appear before the local union trial court on Friday, December 14, 1951, at 8:30 p. m. at the Union Hall, 319 1-2 Main Street, Joplin, Missouri, to stand trial for said alleged and purported offense.

'Plaintiff further states that said purported trial will be unjust, illegal, oppressive and part and parcel of a complete conspiracy to injure the plaintiff and deprive him of personal and property rights in the following manner and respects:'

The petition specifically stated thirty-two grounds to support the allegations above set out. Among such grounds it was alleged:

'(ee) Plaintiff states that said purported, pretended and illegal threatened trial will be held not for the purpose of eispensing justice or enforcing any reasonable rule of the Union but rather to serve as a vehicle for defendants to exhibit their jealousy, malice and hatred to this plaintiff in that the result of said alleged trial has already been determined by the election of the present supposed arbiters and will be no trial in reality at all.

'(ff) Plaintiff states that Local No. 6313 in attempting to place plaintiff on trial for the offense hereinabove mentioned is operating outside the scope of its power and has no jurisdiction over the person of plaintiff or the subject matter of the alleged offense for the following reasons, to-wit;' * * *

'(2) Because if there were a policy against lateral moves, it was adopted after the alleged offense was committed and is therefore, ex post facto. * * *

'(14) Because in the contract between the defendant Local 6313 and the Southwestern Bell Telephone Company, lateral moves are permissible and said defendant is now estopped from breaching said contract by prohibiting its members from accepting lateral moves. * * *

'(19) Because plaintiff is threatened with an unending series of litigation by Local No. 6313 to which his further contest would be futile.'

The first amended answer was a general denial of the allegations of the petition and set up the defense that plaintiff had not exhausted his remedies within the Union.

The evidence shows that plaintiff was employed by the Southwestern Bell Telephone Company (hereinafter referred to as 'Company') at Joplin, as a cable repair man engaged in outside work repairing cables and was of the age of 44 years; that he had been working for the Company 23 years; that he was a member of Local No. 3135, District No. 20, Communications Workers of America, CWA, affiliated with the CIO; that the membership of the Local was composed of employees of company engaged in the installation, maintenance and repair of telephone communication service. Plaintiff continued his work as cable repair man until February 1, 1951. About January 12, 1951, Company offered to transfer plaintiff to a position as 'test board man'. Such transfer is sometimes called a 'lateral move'. It was and is the position of defendant that such a transfer is a violation of the Union's policy when the transfer is effected by the employer-company and employee without conferring and co-operating with the Union with the view of affording all of Company's employees in the district the opportunity to 'bid' for the transfer on the basis of seniority and ability.

It is the position of plaintiff that defendant, Union, entered into a 1950 Plant Agreement with Company for the benefit of plaintiff and the other members of the Union whereby under Section 5, Article XIV, such lateral move was permissible, Section 5 reads as follows:

'The Company shall retain the right to make intercompany or intracompany transfers into or within the Plant Craft Group where justified by personal reasons affecting the employee, and the Company will notify the Union of such transfers.'

Plaintiff accepted the lateral transfer position without notice to the Union and without any conference between the employer and the Union, and without any submission of the position for bidding in compliance with the alleged policy of the Union. Plaintiff took over his new duties as 'test board man' February 1, 1951. On that date Thomas M. Wright, Vice-Chairman of Local No. 3135, filed complaint with the Local against plaintiff charging him with wilful failure to comply with the alleged policy of District No. 20, Local No. 3135.

On February 9, 1951, plaintiff was tried on said charge and fined by the Local Union Tribunal. Plaintiff appealed to the Executive Board of Division No. 20. Meanwhile, there was in progress a transition or change in the structural organization of the CWA, CIO, from a 'three level' to a 'two level' organization, the change to become effective April 2, 1951. The new change in effect abolished this Division as part of the union organization, and the Local of CWA on the stated date became responsive to the Executive Board of the International Union, CIO. In the re-organization the local union at Joplin was designated Local Union 6313. Inasmuch as the Divisional Executive Board was to be abolished April 2, 1951, plaintiff's appeal was forwarded to the International Union at Washington, which Board, upon review, set aside the decision of the local Tribunal and remanded the proceeding for a new trial.

It is contended by plaintiff that the Board of the International Union at Washington was invested with authority to affirm, or reverse, or reduce the penalty; that there was no authority to order a new trial as was done in the instant case.

At its next regular meeting after the remand, Local No. 6313 voted to again try plaintiff and, thereafter, on November 27, 1951, a second amended charge was filed, and a second trial was set for hearing before a local union Tribunal to be convened December 14, 1951. This trial was prevented by the present action filed December 7, 1951, in the Circuit Court of Jasper County, when a restraining order preventing the union proceedings was had.

The evidence shows that plaintiff accepted the transfer from a position as cable repairman, an outside job, to that of test board man, an inside job, because of the condition of his health. A Company supervisor advised the chairman of Local 3135 of the intended transfer. The evidence shows that the chairman of Local 3135 remonstrated with plaintiff for accepting such lateral move and that at a meeting of the local union January 26, 1951, plaintiff was told by defendant that his action, in accepting the lateral move, was a violation of union policy and that he was making himself liable for charges. Plaintiff became a member of Local 6313 and was a member of good standing at the time of the present charge.

In our opinion we will refer to appellants as defendants and to respondent as plaintiff.

In equity actions we review the record de novo and give such judgment as the trial court should have given. Section 512.160 RS Mo 1949, V.A.M.S.; Handlan v. Handlan, 360 Mo. 1150, 232 S.W.2d 944; Milgram v. Jiffy Equipment Co., 362 Mo. 1194, 247 S.W.2d 668, 671, 30 A.L.R.2d 925. Defendants' first allegation of error is that the trial court erred in granting relief to plaintiff because plaintiff failed to exhaust his remedies within the defendant-labor union before seeking relief in the courts.

The general rule is that it is the duty of a member of an organization to exhaust his remedies by appeal, or otherwise, within the order, before resorting to the courts for redress. This rule is declared in Hall v. Morrin, Mo.App., 293 S.W. 435, cited by defendants.

In 168 A.L.R., page 1462, 1463, the law is stated:

'While the courts will protect a member of an association against illegal expulsion, it has been said that the field of judicial interference with the actions of voluntary associations as to controversies between their members as to the method and manner in which the rights of membership may...